In Brief
A dispute arose among the heirs of a deceased farmer regarding his estate in Uttarakhand and Delhi. The eldest son claimed the estate under a Will and obtained mutation of agricultural land, but his sister filed a partition suit in Delhi court. The eldest son sought to transfer the partition suit to Uttarakhand, while the sister sought to transfer the parallel testamentary case from Uttarakhand High Court to Delhi District Court. The Supreme Court held that probate is not universally mandatory under the Indian Succession Act and that the eldest son had already relied on the Will without probate. The Court dismissed the petition to transfer the partition suit to Uttarakhand and allowed the transfer of the testamentary case to Delhi High Court, directing both matters to be heard together, noting that modern virtual hearings make parties' location irrelevant.
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